LRB-1866/1
GMM:jlg:jf
1999 - 2000 LEGISLATURE
January 26, 1999 - Introduced by Senators Wirch, Roessler, Farrow, Fitzgerald
and Huelsman, cosponsored by Representatives Foti, Ladwig, Bock, Duff, La
Fave, Handrick, J. Lehman, M. Lehman, Sinicki, Hoven, Stone, Suder, Vrakas,
Ward, Staskunas
and Cullen. Referred to Committee on Judiciary and
Consumer Affairs.
SB15,1,3 1An Act to renumber and amend 786.36 and 786.37; and to create 786.36 (2)
2(b), 786.36 (2) (c) and 786.37 (2) of the statutes; relating to: changing the name
3of a minor.
Analysis by the Legislative Reference Bureau
Under current law, a resident of this state, in order to change his or her name,
must petition the circuit court for an order changing his or her name. Currently, if
the person whose name is to be changed is a minor under 14 years of age, both parents
of the minor, if living, must file the petition. Currently, before applying to the court
for a name change, the petitioner must publish a legal notice of the application once
each week for three consecutive weeks in a newspaper that is likely to give notice to
persons affected by the name change.
This bill permits one parent to petition for the name change of a minor under
14 years of age who has two living parents if the petitioning parent, in addition to
filing proof of publication of the notice as required under current law, also files proof
that the petitioning parent served a copy of the notice and petition on the
nonpetitioning parent or, if with reasonable diligence the nonpetitioning parent
cannot be served, mailed a copy of the notice and petition to the last-known address
of the nonpetitioning parent, if that address can be obtained with reasonable
diligence, and files an affidavit showing that the petitioning parent has made a
reasonable attempt to provide notice to the nonpetitioning parent, but with
reasonable diligence the nonpetitioning parent cannot be found or provided with
notice. The court may order the name change if the nonpetitioning parent does not

appear at the hearing or otherwise answer the petition. If the nonpetitioning parent
does appear at the hearing or answer the petition and shows that he or she has not
abandoned the minor or failed to assume parental responsibility for the minor, the
court may order the name change only on the consent of the nonpetitioning parent.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB15, s. 1 1Section 1. 786.36 of the statutes is renumbered 786.36 (1) and amended to
2read:
SB15,2,73 786.36 (1) Any resident of this state, whether a minor or adult, may upon
4petition to the circuit court of the county where he or she resides and upon filing a
5copy of the notice, with proof of publication, as required by s. 786.37 (1), if no
6sufficient cause is shown to the contrary, have his or her name changed or established
7by order of the court. If
SB15,2,15 8(2) (a) Subject to par. (b), if the person whose name is to be changed is a minor
9under the age of 14 years, the petition may be made by: both parents, if living, or the
10survivor of them; the guardian or person having legal custody of the minor, if both
11parents are dead or if the parental rights of both parents have been terminated by
12judicial proceedings; or the mother, if the minor is a nonmarital child who is not
13adopted or whose parents do not subsequently intermarry under s. 767.60, except
14that, if the paternity of the minor has been established, the father must also make
15the petition unless his parental rights have been legally terminated.
SB15,3,6 16(3) The order shall be entered at length upon the records of the court and a
17certified copy of the record shall be recorded in the office of the register of deeds of
18the county, who shall make an entry in a book to be kept by the register. The fee for
19recording a certified copy is the fee specified under s. 59.43 (2) (ag). If the person
20whose name is changed or established was born or married in this state, the clerk

1of the court shall send to the state registrar of vital statistics, on a form designed by
2the state registrar of vital statistics, an abstract of the record, duly certified,
3accompanied by the fee prescribed in s. 69.22, which fee the clerk of court shall charge
4to and collect from the petitioner. The state registrar of vital statistics shall then
5correct the birth record, marriage record or both, and direct the register of deeds and
6local registrar to make similar corrections on their records.
SB15,3,20 7(4) No person engaged in the practice of any profession for which a license is
8required by the state may change his or her given name or his or her surname to any
9other given name or any other surname than that under which the person was
10originally licensed in the profession in this or any other state, in any instance in
11which the state board or commission for the particular profession, after a hearing,
12finds that practicing under the changed name operates to unfairly compete with
13another practitioner or misleads the public as to identity or otherwise results in
14detriment to the profession or the public. This prohibition against a change of name
15by a person engaged in the practice of any profession does not apply to any person
16legally qualified to teach in the public schools in this state, nor to a change of name
17resulting from marriage or divorce, nor to members of any profession for which there
18exists no state board or commission authorized to issue licenses or pass upon the
19qualifications of applicants or hear complaints respecting the conduct of members of
20the profession.
SB15,3,21 21(5) Any change of name other than as authorized by law is void.
SB15, s. 2 22Section 2. 786.36 (2) (b) of the statutes is created to read:
SB15,4,623 786.36 (2) (b) Notwithstanding par. (a), the name of a minor under 14 years of
24age who has 2 living parents may be changed on the petition of one parent if, in
25addition to filing a copy of the notice, with proof of publication, as required by s.

1786.37 (1), the petitioning parent files proof of personal service, substituted service
2or mailing, as required by s. 786.37 (2), and an affidavit showing that the petitioning
3parent has made a reasonable attempt to provide notice to the nonpetitioning parent,
4but with reasonable diligence the nonpetitioning parent cannot be found or provided
5with notice, and if the nonpetitioning parent does not appear at the hearing on the
6petition or otherwise answer the petition.
SB15, s. 3 7Section 3. 786.36 (2) (c) of the statutes is created to read:
SB15,4,138 786.36 (2) (c) If the nonpetitioning parent appears at the hearing on the
9petition or otherwise answers the petition and shows that he or she has not
10abandoned the minor, as described in s. 48.415 (1) (a) 3., (b) and (c) or failed to assume
11parental responsibility for the minor, as described in s. 48.415 (6), the court shall
12require the consent of the nonpetitioning parent before changing the name of the
13minor.
SB15, s. 4 14Section 4. 786.37 of the statutes is renumbered 786.37 (1) and amended to
15read:
SB15,4,1916 786.37 (1) Before applying to petitioning the court for changing or establishing
17to change or establish a name, the applicant petitioner shall publish a class 3 notice
18under ch. 985 stating the nature of the application petition and when and where the
19application petition will be made heard.
SB15,5,2 20(3) This section does not apply to the name change of a minor if the parental
21rights to the minor of both parents have been terminated and, guardianship and
22legal custody of the minor have been transferred under subch. VIII of ch. 48, and the
23minor has been placed in a permanent foster home or a permanent treatment foster
24home, where and the guardian and legal custodian of the minor have petitioned to

1change the minor's name to the name or names of the minor's foster parents or
2treatment foster parents.
SB15, s. 5 3Section 5. 786.37 (2) of the statutes is created to read:
SB15,5,124 786.37 (2) If the petition is for the change of name of a minor under 14 years
5of age who has 2 living parents and if the petition is being made by one parent of the
6minor, the petitioner shall, in addition to publishing the notice under sub. (1), serve
7a copy of the notice and petition on the nonpetitioning parent in the same manner
8as a summons is served under s. 801.11 (1) (a) or (b) or, if with reasonable diligence
9the nonpetitioning parent cannot be served in that manner, mail a copy of the notice
10and petition to the last-known address of the nonpetitioning parent at or
11immediately prior to the time of the first publication under sub. (1), if that address
12can be ascertained with reasonable diligence.
SB15, s. 6 13Section 6. Initial applicability.
SB15,5,1514 (1) This act first applies to petitions for name changes that are filed on the
15effective date of this subsection.
SB15,5,1616 (End)
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